John Marshall Harlan II

“ As in Nowak, the Government has attempted to prove its case indirectly by showing that Maisenberg was a member of the Communist Party during the five years preceding her naturalization and that she knew that the Party was illegally advocating the violent overthrow of the United States. We think that the Government has adequately proved that Maisenberg was a member of the Party during the pertinent five-year period. ”

“ In March 1953, in the same court, the United States brought this suit under § 340 (a) of the Immigration and Nationality Act of 1952 [1] to set aside the naturalization decree, alleging in its complaint that Maisenberg's citizenship was obtained 'by concealment of a material fact (and) willful misrepresentation.' After a trial the District Court, in an unreported opinion, granted the relief requested by the Government. ”

“ We also are of opinion that the Government has failed to prove by 'clear, unequivocal, and convincing' evidence, Schneiderman v. United States, 320 U.S. 118, 125, 158, 63 S.Ct. 1333, 1336, 1352, 87 L.Ed. ”